Cole v. Duke

Best, C.

— The appellant brought this suit against the appellee, as the clerk of the city of Kokomo, to enjoin him from issuing an order for the payment of ah allowance made by the common council of said city.

The appellee appeared and filed an answer, in which he averred that the order was issued and paid before process was issued and before he had any notice of the proceeding.

The appellant replied that before the order was issued he ■had notified the appellee not to issue it; that proceedings would be instituted to enjoin the payment of the allowance; that the complaint was in fact filed…